Date of Decision: February 23, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Actor
Field: Arts
Nationality: Germany
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role: The petitioner performed in leading roles for organizations of distinguished reputation, including his work as a voice-over actor and starring roles in award-winning international films.
High Salary or Remuneration: The petitioner provided evidence of receiving a high salary or significantly high remuneration for his services, demonstrated through letters and pay stubs.
Criteria Not Met:
Published Material: The petitioner failed to provide evidence that the published material about him appeared in professional or major trade publications or other major media. The provided publications were deemed local or regional and not major media.
Original Contributions: The petitioner did not establish that his contributions were of major significance in the field. The evidence did not demonstrate that the increase in tourism was directly attributable to his contributions.
Authorship of Scholarly Articles: The petitioner did not provide evidence of authoring scholarly articles in professional or major trade publications. The provided general interest articles were not considered scholarly.
Key Points from the Decision
Published Materials About the Petitioner:
- The petitioner provided articles from various publications, but they were deemed local or regional and did not meet the criterion for major media.
- The materials from websites like Wikipedia and answers.com were not considered reliable sources of evidence.
Original Contributions of Major Significance:
- The petitioner’s promotional work in tourism did not sufficiently establish an individual impact on the national economy.
- Evidence did not convincingly link the petitioner’s work to the reported increase in tourism.
Evidence of High Salary or Remuneration:
- The petitioner demonstrated his high remuneration relative to others in the field through substantial evidence, meeting this criterion.
Leading or Critical Role Performed:
- The petitioner’s work in leading roles in award-winning films and as a voice-over actor established that he met this criterion.
Supporting Documentation
- Letters and Pay Stubs: Demonstrated high remuneration.
- Articles: Various articles about the petitioner, although not meeting the major media criterion.
- Promotional Materials: Evidence of the petitioner’s involvement in tourism promotions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner failed to meet the initial evidence requirements, specifically not providing sufficient evidence under at least three of the ten regulatory criteria.
Next Steps: Recommendations for the petitioner include ensuring that future submissions meet the required evidentiary standards and considering the submission of more robust evidence to satisfy the regulatory criteria.
Download the Full Petition Review Here
